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HomeMy WebLinkAboutCorrespondenceGlenn Hartmann From: Carey Gagnon Sent: Thursday, October 03, 2013 10:48 AM To: Glenn Hartmann Cc: Tamra Allen Subject: Amended Final Plat - R@RF, Lots 4 & 13 (FPAA 7718) Glenn: You asked me to review this application for legal TC issues. Evidence of ownership is fine. The application also contains sufficient information on the steps taken to identify mineral rights owners. There are Letters of Authorization submitted by both property owners authorizing Mark Chain to act on their behalf. I reviewed the Declaration of CC&Rs. They do not include any additional procedures or approvals (either through the HOA or the Architectural Committee) necessary for a lot line adjustment like this, so I think the HOA letter of support is adequate at this point. The Covenants, however, contain set back requirements (pg. 5 at 9 8.3) and it appears that the house on Lot 13 encroaches into the side yard. This is permissible upon approval of the Architectural Committee. In this case I don't know if the approval was given by the Committee, or if the County issued a CO knowing the structure was going to encroach into the setback. It seems likely that the County would be estopping from requiring compliance or a variance now... I don't think any of this is relevant to the TC review; but it's something to be aware of as this moves forward. Additionally, I have the following questions: (1) I'm unclear to which standards or submittal materials the waiver request applies. If it is a request to waive the submittal requirements for an Improvements Agreement and/or updated CC&Rs, I have no problems with a waiver. (2) 1 also am uncertain whether you received a complete list of adjacent property owners (I only say this because Tari Williams in our office lives adjacent to one of the Lots and while she's on the plat, she's not on what is apparently the list of adjacent property owners). (3)1 would like to see a copy of the original plat being amended. This will help confirm that there are no easements affected by this lot line adjustment. Finally, I have not reviewed the plat certificates or plat notes yet. We can address the plat itself post -TC. Please let me know if you would like me to consider anything else specific at this time. Thank you, Carey Carey Gagnon Assistant County Attorney Garfield County Attorney's Office 108 Eighth Street, Suite 219 Glenwood Springs, CO 81601 Phone: 970-945-9150 Fax: 970-384-5005 Glenn Hartmann From: Glenn Hartmann Sent: Tuesday, November 19, 2013 4:39 PM To: Carey Gagnon Subject: Ranch at Roaring Fork Amended Plat Hi Carey: I'm wrapping up my review on the Ranch at Roaring Fork Amended Plat (File No. FPAA-7718). I'm still working on the staff report but will probably be recommending our standard plat note regarding previous plats and have included a draft here for you input. The plat notes from the Final Plat Ranch at Roaring Fork IV Filing No. 1, recorded at Reception No. 274823 and the Amended Final Plat of Lots 4 and 5, Ranch at Roaring Fork IV Filing No. 1, recorded at Reception No. 725495 remain in full force and effect to the Lots contained in this Amended Plat. Thanks for any comments or input. Glenn. Glenn Hartmann Community Development Department